what you are saying is absolutely correct,I am not arguing your point at all. But will sya how court works, in alcohol, it was not only erection, he was actively kissing her, removing clothes. That’s is how the argument goes, as it was not a simple case of penetration but full participation in the act. Even the other party was in an inebriated state so taking advantage can also be argued.Originally posted by: bakwas_serial
"common societal belief is that a male must be aroused if he gets an erection or has an orgasm, therefore that means that he is willing and enjoying any sexual activity. Roy J. Levin and Willy Van Berlo wrote in an article in the Journal of Clinical Forensic Medicine that slight genital stimulation or stress can create erections "even though no specific sexual stimulation is present". An erection does not mean that the men consent to sex.[30] Males can get erections even in traumatic or painful sexual situations, and this does not indicate consent.[29]"...Wikipedia
This is law...yes recent..only 12 years old.
"For the first time ever, the new definition includes any gender of victim and perpetrator, not just women being raped by men. It also recognizes that rape with an object can be as traumatic as penile/vaginal rape. This definition also includes instances in which the victim is unable to give consent because of temporary or permanent mental or physical incapacity. Furthermore, because many rapes are facilitated by drugs or alcohol, the new definition recognizes that a victim can be incapacitated and thus unable to consent because of ingestion of drugs or alcohol. Similarly, a victim may be legally incapable of consent because of age. The ability of the victim to give consent must be determined in accordance with individual state statutes. Physical resistance is not required on the part of the victim to demonstrate lack of consent. "
For any person below 18, laws are very different. There is a POSCO act. It protects all the genders. There no arguments happen, if one has se* with a minor, then they are culprits. No question of consent.
At least that’s the case in India.
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